Terms and Conditions
By ordering you acknowledge that you have read these Terms and Conditions and agreed to the incorporation of these Terms and Conditions into this transaction. This does not affect your statutory rights a consumer.
'Company' means "Samfire Handmade" / "Louise Burgoyne", 'Customer' means the consumer as defined in the Unfair Contract Terms Act 1977. 'Goods' means the products offered by the Company and those chosen by the Customer in this transaction.
Order
By submitting a completed order in eBay the Customer shall be deemed as placing an order with the Company. The Company shall confirm acceptance of the Customer's Order in writing and will supply the Goods to the Customer in accordance with the Customer's completed order. The Company reserves the right to refuse to supply orders but this does not affect the Customer's statutory rights.
Information
The Company provides information on the goods and its services in good faith. Errors and omissions on listings may be corrected by the Company. The customer may cancel the order with the Company and obtain a full refund if they have relied upon the error or omission.
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Terms and Conditions in Full including Privacy Policy and Returns/Refunds as of 20/2/2020, updated 28-01-2022.
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1. The Agreement between us, Samfire Handmade ('Company' and/or 'We' and/or 'Louise Burgoyne') will promote and sell and you, the Customer, shall purchase any cards or other products or services available on the eBay website ('the Products'). These Terms and Conditions ("the Conditions") are intended to set out the agreement between us, “Samfire Handmade" is a trading name of and so owned and operated by Ms Louise Burgoyne.
2. Please read these Conditions carefully before ordering any products from the website. You should understand that by ordering any products you agree to be bound by these Conditions. You should print a copy of these Conditions and any confirmation of order or Dispatch Confirmation that you receive from us, for your future reference.
3. We will acknowledge your order by e-mail courtesy of eBay Plc as soon as possible after you have made a purchase. Please note that this email does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming that the Product has been dispatched ("the Dispatch Confirmation"). The contract between us for the purchase of the Products will only be formed when we send the Dispatch Confirmation.
4. It is your responsibility to check that your order is accurate and to give us all the information we need to complete the order. We will let you know what, if any, information we do need.
5. We try to ensure that the products represented on the website are accurate, but please note that slight variations in colour, typeface and layout may occur between the products as you see them on screen and those that are delivered.
6. When using our site, you accept that communication with us will be mainly electronic. For contractual purposes, you agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
7. Where there is a reference in these Conditions to "working days" this shall mean Monday to Friday inclusive but excluding any statutory or bank holiday in England. This is subject to our discretion and we may change our “working days” at any time to include Saturday and/or Sunday or reduce our working days without prior notice. This includes our right to close our eBay shop at any time without prior notice.
8. Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only, except if provided by eBay providing additional links to other products not ours, adverts and notices controlled by eBay. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
2. Things you should know about us
1. Samfire Handmade is a Trading name of Sole Trader Ms Louise Burgoyne and operated under the laws of England and Wales. Our address and main operating/trading address is: 32 Reform Street, Stamford, Lincolnshire, PE9 2XB. UK. We are not currently VAT registered.
2. If you have any questions about these Conditions, please contact us by email on sales@samfirecards.co.uk or Info@samfirecards.co.uk
3. Price of the Products
1. The price of the Products and any delivery costs will be calculated, in pounds sterling, when you complete your order form and will be the price as shown at the bottom of the order form, except in cases of obvious error.
2. The price shown on the order form will include ‘Zero’ value added tax ("VAT") from us if the delivery address for the Products is within the European Union. Your Invoice will show ‘zero’ VAT, however eBay may include VAT on their services to you show or provide other/different invoices that include VAT for their services or show VAT for Postage or Returns services that they provide, this is out of our control but it remains that we won’t collect VAT for our products or services.
3. If your delivery address is outside the European Union, then VAT will not be charged, although local taxes and customs charges may be applicable and will be your responsibility. Please note that you must also comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
4. If we accept your order, the price will be as stated on the order form, although if the rate of VAT increases or we become VAT registered between the date of your order and the date of the Dispatch Confirmation, we will add the necessary additional amount of VAT to the price of the Products and this will be shown on the Dispatch Confirmation where we are legally obliged to do so.
5. Subject to our obligation to supply Products at the price stated in accepted orders, we reserve the right to withdraw our products, cancel orders and/or change the list prices of the Products at any time.
6. Our eBay store/site contains a varying number of Products and it is always possible that, despite our best efforts, some of the Products listed on the site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the Product's correct price is less than our stated price, we will charge the lower amount when dispatching a Product to you. If the Product's correct price is higher than the price stated on our site, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel the order and have already paid for the goods, you will receive a full refund.
7. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as mis-pricing.
4. Payment
1. When you place your order, you can pay by several secure and recognised payment methods via PayPal, you must stipulate your chosen method of payment through/to/via PayPal at the point of purchase. The payment options are made clear at the checkout on eBay so linked to PayPal
2. If you do not make payment by one of the offered methods from and via PayPal or withdraw monies/payment before we send you a Dispatch Confirmation and either the Products have not been delivered to you or you have ordered more Products from us, we may withhold any deliveries to you to the value of the outstanding sum until you have paid all sums owed to us.
5. Delivery
1. Subject to clause 4 above, the Products will be dispatched to you as follows:
1. All non-personalised greetings cards and other products:
1. within three working days of your order, we will use our reasonable endeavours to confirm whether we can fulfil your order and if we can we will provide you with a Dispatch Confirmation;
2. Personalised greetings cards:
1. within 15 working days following your approval of the proof (provided by us online or by email or by post) we will use our reasonable endeavours to confirm whether we can fulfil your order and if we can we will provide you with a Dispatch Confirmation;
2. We aim to deliver all products within the timeframes as set out in the Dispatch Confirmation, and where this is not possible, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
3. If in the case of unforeseen circumstances beyond our reasonable control, we are not able to process your order within the periods mentioned above, we will contact you and you may cancel your order.
6. Ownership of the Products
1. The Products shall remain our property and ownership of the Products shall not pass to you until their full price has been paid to us, together with the full price of any other Products you have agreed to buy from us.
2. The Products will be at your risk from the time of delivery.
7. Our Responsibility
1. We warrant that the Products which we supply to you will be of satisfactory quality and reasonably fit for all of the purposes for which products of the kind are commonly supplied.
2. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
3. This does not include or limit in any way our liability:
1. for death or personal injury caused by our negligence;
2. under section 2(3) of the Consumer Protection Act 1987;
3. for fraud or fraudulent misrepresentation; or
4. for any matter which it would be illegal for us to exclude, or attempt to exclude, our liability.
4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
8. Defective Products
1. If, once you have examined the Products, you discover a defect in the quality of the Products you must tell us as soon as possible after discovering the defect.
2. If you notify us of a defect in the quality of the Products you must return the Products to us. We will then examine the returned Products to confirm whether they are defective and if they are defective we will notify you via e-mail of the refund due to you as soon as possible and, in any case within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Products. Products returned by you because of a defect will be refunded in full, including a refund of the “reasonable” delivery charges for sending the item to you and the cost incurred by you in returning the item to us. “Reasonable” delivery charges include like for like return postage to us with added costs if you so choose of a Royal Mail ‘Recorded mail’ and / or Royal Mail ‘Signed For’ service to give added security and piece of mind to ensure the returned product(s) reach us safely and in a timely manner. We are not responsible for returned products until they arrive with us.
3. Your statutory rights are not affected by anything in these Conditions.
9. Your Responsibility
1. Should you wish to place orders with us over the telephone, via PayPal, Email or other and not through our eBay shop, all the information you give will be used in the preparation and dispatch of your order. It is your responsibility to check that all of the information given is correct, and we cannot be held responsible if such information is later found to be incorrect.
10. Your Right to Cancel
1. All non-personalised cards and other products
1. You may cancel a contract for these non-personalised Products at any time within a period of 30 days, beginning on the day after you receive the Product. In this case, you will receive a full refund of the price paid for the Products, including any cost paid by you to us for sending the item to you, in respect of that order within 30 days of the day you give notice of the cancellation. You must pay the costs of returning any Products to us with no right to reimbursement of these costs.
2. If you do cancel your order, you must return to us any Products delivered to you by us under the cancelled order process via eBay website, in the same condition in which you received them, and at your own cost and risk. If you fail to return the products to us within 14 days from the date of the notification of our agreement of the cancellation, and/or you fail to include the “return reference number” then we may not reimburse you any monies or costs for the goods or the return of said goods at our discretion.
2. Personalised Cards
1. You acknowledge and accept that personalised products are made to your specification and regrettably you cannot cancel any order for personalised products once you have approved the proof and the personalisation process has commenced. You acknowledge that the personalisation process will commence before we send you a Dispatch Confirmation.
11. Personalised Cards / Bespoke Cards
1. You acknowledge and agree that when ordering personalised/Bespoke products:
1. you are solely responsible for ensuring the accuracy, quality and suitability of the content and images which you upload/provide to the Seller; in particular you are responsible for ensuring that the Text, design/greeting requests and stipulations on designs / design addendums/ammendments and any applicable images/information uploaded/provided are correct in all ways including but not limited to he spelling and gramma and true at the time of submission, and that images are in a suitably high resolution for printing, in line with any recommendations that we may publish on our website from time to time; and
2. you acknowledge and agree that when viewed on screen, uploaded images may appear to be of a higher resolution than they are and consequently there may be differences between the products as they appear on screen and the printed products.
2. You agree that in uploading content to us via our eBay shop/website(s) at www.ebay.co.uk or derivatives/regional variations thereof (the “Site"/”Website”) you will not make, record, create, capture, print, digitize, upload or otherwise obtain Prohibited Content.
3. Prohibited Content means content which:
1. eBay and / or Samfire Handmade believes is abusive, deceptive, obscene, defamatory, slanderous or otherwise inappropriate or unlawful; or
2. materials protected by copyright or other intellectual property rights (such as photographs, images, logos, written content) that are used without the express permission of the owner.
4. When you access the Site, you agree that all content which is uploaded onto the Site is the responsibility of the person who submitted it.
5. In order for us to provide personalised cards you acknowledge that we need the right to make use of the content which is uploaded to the Site by you. Accordingly, you hereby grant Samfire Handmade and associates / owners / advocates of (including Ms Louise Burgoyne), a perpetual, universal, non-exclusive right to copy, display, modify, transmit, make derivative works of and distribute any content uploaded to the Site by you, solely for the purpose of providing the personalised cards service.
6. You remain the owner of all content that you upload onto the Site and as a condition to use, you represent and warrant to Samfire Handmade / Louise Burgoyne and associates thereof, that you are the owner of all copyright and other intellectual property rights in any content you upload onto the Site or that you have permission from the owner of all relevant intellectual property rights in the content to submit such content.
12. Notices. All notices given by you to us must be given to Samfire Handmade and be sent to our office address, via eBay Messager/email or by email to sales@samfirecards.co.uk. We may give notice to you at either the email or postal address which you provide to us when placing an order. Notice will be deemed received 24 hours after an email is sent, or three days after the date of posting any letter.
13. Transfer of rights and obligations
1. The contract between you and us is binding on you and us and on our respective heirs and assigns.
2. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
3. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract or any of our rights or obligations under it, at any time during the term of the contract.
14. Events outside our control
1. If, for some reason which is beyond either of our control, either of us are unable to comply with these Conditions, that party will not be liable to the other or be deemed to be in breach of the agreement between us. Such reasons shall include, but not be limited to, strikes or other industrial action, war, riots, fire, explosion, extreme weather, flood, insurrection, embargo, industrial action, shortage of transport, general shortage of material and acts or omissions of governments ("Force Majeure Event").
2. The performance of the contract is deemed to be suspended for the period that the Force Majeure Event continues, and both parties will use their reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
15. Waiver. If on any occasion either of us fail to insist upon strict performance of any obligations under the contract or fail to take action against the other party where that party has failed to comply with these Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve the defaulting party of their obligations. Any such waiver shall not constitute a waiver of any subsequent default.
16. Severability. If any of these terms and conditions or any provisions of the contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to an extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire Agreement
1. These Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
2. We each acknowledge that in entering into a contract (and the documents referred to in it); neither of us relies on any statement, representation, assurance or warranty ("Representation") of any person other than as expressly set out in these terms and conditions.
3. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
4. Nothing in this clause shall limit or exclude any liability for fraud.
18. Jurisdiction. These Conditions and any agreements between us and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such agreements or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
